Two of the most common dispute resolution options in Oklahoma construction disputes are arbitration and litigation. Construction projects in Oklahoma often involve multiple parties, complex contracts, and high-dollar investments. When disputes arise—whether over payment, defects, delays, or design errors—the parties involved must decide how to resolve the matter.

What Is Construction Litigation?

Litigation is the traditional court process where a judge (and sometimes a jury) decides the outcome of a dispute. In construction litigation, the process begins with the filing of a lawsuit in state or federal court, followed by discovery, motions, hearings, and ultimately, a trial.

In Oklahoma, construction litigation may involve claims such as:

• Breach of contract
• Construction defects
• Payment and lien disputes
• Delay claims

Litigation can provide a more formal setting and legal safeguards, especially for complex or high-stakes cases.

What Is Arbitration?

Arbitration is a private, out-of-court process where the dispute is submitted to one or more neutral third-party arbitrators. These arbitrators are often experts in construction or contract law. Arbitration can be voluntary or contractually required—and many construction contracts in Oklahoma include arbitration clauses.

Unlike court proceedings, arbitration is typically faster, more flexible, and confidential. The arbitrator’s decision is usually final and legally binding.

Arbitration Clauses in Oklahoma Construction Contracts

Many Oklahoma construction contracts include mandatory arbitration clauses, which require the parties to resolve disputes through arbitration rather than litigation. If such a clause exists and is enforceable, courts will generally uphold it, so it’s important to understand what you’re agreeing to when signing a construction contract.

The American Arbitration Association (AAA) and other organizations often administer these proceedings, using standardized rules and panels of construction experts.

When to Choose Arbitration Over Litigation

Arbitration may be a better fit when:

• You want a quicker, private resolution
• The contract already includes a mandatory arbitration clause
• You want to preserve the business relationship through a less adversarial process

Litigation may be a better option when:

• You need extensive discovery to uncover documents or compel witnesses
• The case involves multiple parties or complex legal issues
• You want the option to appeal the decision
• A public record or court enforcement is important for leverage

Tulsa Construction Law Attorneys

Choosing between arbitration and litigation is a strategic decision that can significantly affect the outcome of your case. At Tulsa County Lawyers Group, we help Oklahoma contractors, developers, and property owners resolve construction disputes efficiently and effectively. Get a free consultation from a probate attorney by calling 918.379.4864, or you can ask an online question by following this link.